Bluffton tow truck driver released on property bond

BEAUFORT — A Bluffton tow truck driver charged with voluntary manslaughter is free on a $200,000 property bond and under house arrest at an undisclosed location.

Preston Ryan Oates, 27, of Bluffton, had been jailed pending trial since his Dec. 27 arrest in connection with the Christmas Eve shooting death of Carlos Alberto Olivera, who also was armed with a handgun, in Edgefield. He was released Wednesday from the Beaufort County Detention Center.

Oates has claimed self-defense. He is accused of shooting Olivera, 34, of Bluffton, six times during a dispute over Olivera’s illegally parked minivan. Olivera died at the scene at about 8:30 p.m. on Dec. 24.

RELEASE DETAILS

Oates was released at 4:34 p.m. Wednesday in the custody of his father, Paul Oates, said Maj. Charlie Allen at the Beaufort County Detention Center.

He was released on a property bond, according to jail records. “That means him or someone put up property with the court to assure his release. If he doesn’t show up in court, the court can take the property,” Allen said Thursday.

“He’s being held in an undisclosed location.”

Asked on Thursday about his son, Paul Oates said, “He’s doing fine.” He declined further comment regarding the release.

According to Beaufort County Register of Deeds records, Preston Oates’ parents pledged real properties they jointly own as collateral for a $200,000 surety bond to be issued by Clerk of Court Jerri Ann Roseneau for their son.

The properties are at 198 Simmonsville Road and 173 Simmonsville Road, both addresses which were listed for Pro Tow, the towing company for which the defendant was in Edgefield when the shooting occurred.

Paul Oates, reached by phone Thursday, said Pro Tow was owned by Preston Oates, went bankrupt and is no longer in business. He said his older son, Paul R. “Rod” Oates III, started American Towing and Recovery and it is operating at the Simmonsville Road location.

The Pro Tow phone number was transferred to American Towing and Recovery, and Paul Oates was answering the phone for the business on Thursday evening.

S.C. Secretary of State records list Paul Oates III of Bluffton as the registered agent for American Towing and Recovery of the Lowcountry LLC, with a Feb. 1 file date. Attorney Robert Deeb Jr. was listed as the registered agent for Pro Tow LLC and also gave the attorney’s opinion on the titles and values for the properties securing the bond.

The properties have a net worth after liens of $236,205, based on Beaufort County assessor values, according to an attorney’s opinion of title and a pledge by Paul and Rita Oates that was witnessed and notarized Tuesday, according to Register of Deeds records.

BOND CONDITIONS

With conditions, bond was set at $200,000 on July 28 by Circuit Judge Thomas Cooper Jr. of Manning in Beaufort. Earlier Oates had been denied bond on the manslaughter charge.

Cooper said the conditions would assure Oates’ appearance at trial.

In addition to the $200,000 combined bond on the manslaughter and lesser charges, Oates “is to remain in the custody of his parents or his brother at a location to be revealed to the sheriff and the solicitor’s office,” the judge ruled.

“He will be subject to telephonic contact with the sheriff’s office. He will be under house arrest, not to leave except for court appearances, visits with his lawyers and medical emergencies,” Cooper said.

“This will not take effect until the release of a report by the state Department of Mental Health and if the report itself does not reveal any condition that Mr. Oates is a danger to himself or others,” Cooper said at the hearing. The mental health evaluation was scheduled for Aug. 12.

Bond had been denied on the voluntary manslaughter charge at a Jan. 27 state circuit court hearing. Bond had been set at $50,000 on a related charge of possession of a weapon during the commission of a violent crime.

Oates also faces two charges in connection with an alleged attempt in March to escape the jail. In that case, bond had been set at $100,000 on an escape charge and $20,000 on a charge of malicious injury to jail property.

Trial is pending on all charges with no dates set, according to Daniel Brownstein, 14th Circuit Solicitor’s Office spokesman.

“We were aware of Preston Oates’ imminent release on Wednesday and notified the (Olivera) family,” Brownstein said Thursday.

At the July 28 hearing, defense lawyer Jared Newman said that Oates, if released, would stay in “an undisclosed location in South Carolina” known to the Beaufort County Sheriff’s Office and 14th Circuit Solicitor’s Office. “He will be in home detention... with his family,” Newman said.

Also at the hearing, the prosecution and the victim’s wife, Dhayam Olivera, and brother, Nelson Olivera, asked the judge to deny voluntary manslaughter bond for Oates.

But Manning said a defendant has a constitutional right to reasonable bond in any case that is not a capital offense, one in which the death penalty may apply, and voluntary manslaughter is not a capital offense.

“I do not think he is a flight risk. I do not think he is a danger to the community,” Newman said at the bond hearing.

Deputy Solicitor Sean Thornton argued against bond on the voluntary manslaughter charge or reducing bond on the other charges.

Deputy Solicitor Sean Thornton argued Bond’s alleged jail escape attempt showed he was aflight risk. Thornton and jail officials alleged Oates removed a light switch plate and used it to cut through a section of window

THE DISPUTE

The night of Dec. 24, Olivera’s minivan was parked on the street outside his brother’s home while Olivera delivered Christmas presents there, according to the Olivera family and others. Community rules prohibited on-street parking.

Oates, an owner of Pro Tow, a local towing company, reportedly placed a “boot” on Olivera’s minivan, which was parked in the street outside his brother’s home on Live Oak Walk in the Edgefield community outside Bluffton town limits.

Olivera reportedly showed Oates a Glock handgun he was carrying after Oates refused to remove the boot unless he was paid $300. Oates allegedly went to his truck, produced a .40-caliber Glock semi-automatic automatic handgun and shot Olivera.

Oates was indicted by the Beaufort County Grand Jury on Feb. 17 on the voluntary manslaughter and firearms charges. Voluntary manslaughter carries a sentence of two to 30 years in prison. The weapons charge carries a five-year sentence.